THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  CLVI  ~
CONCERNING THE DIVISION OF CHILDREN AMONG PARENTS WHO ARE SERFS.



 
S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).
 

 
PREFACE.
  Those who have charge of the affairs of the Holy Church of Apamea have informed Us that certain serfs belonging to others have formed a connection with female serfs of the neighborhood, and have had children by them, and they ask that the said children be adjudged to them as following the condition of their mother, but those who make such a demand do not seem to comprehend the meaning of the constitution which has recently been enacted.
CHAPTER I.
  For when freemen marry women who are serfs, their children will follow the condition of the mother, in accordance with the reasons stated in this constitution; hence, the said children will not obtain their freedom. When, however, the men are serfs, this constitution does not apply and, as We have already decreed, the children shall be distributed among the owners; thus, when their number is equal, they are equally divided, and when it is not equal, or where there is only one child, the one in excess follows the condition of its mother, as having had the greater share in its creation. Therefore, We order that when only a single child is born of such an union, it shall belong to the master of the woman, and when there are three, two of them will belong to him, and one will be acquired by the master of its father, so that (as We have previously stated) the odd child will always follow its mother. The ecclesiastics of the Church of Apamea are hereby notified that the offspring of serfs shall be divided in this way, and that this question, which has been in controversy for a long time, is now disposed of by this Our law.